I don't know anything at all about letting agents to be honest, so couldn't offer any advice here, but wonder who they are regulated by?

This sounds like a can of worms! I will see what I can find out.

Sorry for the vague post...

Regards,

Corn x

__________________PLEASE NOTE :

I am always happy to give my time, advice and support without prejudice and based only on my own experience and knowledge, however, you must seek legal counsel if you are at all unsure of your claim......

To all of you having problems with Hayden Lettings I make the following suggestions:

1) Go to their offices to make sure they are still trading.Chances are if your only getting an answerphone that they are not.

2) Make new tenancy agreements with your tenants and request that they pay directly to you the Landlords.It's not breach of contract as they have already breached it.

3) You then have to go through the process of recovering your rent owed and the tenants desposits.Making them bankrupt or sending the baliffs in will only leave you out of pocket.

4) Can somebody post up some details on them as I am thinking the worst and I apologise for that.Most LA's have a department that deals with this type of problem and you also have TS.When I have the info I can then make some inquries.

In TT's case a court order has been obtained but it doesn't necessarly mean it can be implemented.

The Terminator.

__________________The real evil is not the payment of money, but the secrecy attending it (Chitty L.J. in the case of Shipway v Broadwood [1899] 1 QB 369, 373). .

The courts shall not make an enforcement order under section 65(1) if section 61(1)(a) (signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner

Moneylending transactions as a class give rise to significant social problems.

Previous Names:
No previous name information has been recorded over the last 20 years.

Branch Details
There are no branches associate

This only reiterates my post above sorry to be the bearer of bad news

Term

__________________The real evil is not the payment of money, but the secrecy attending it (Chitty L.J. in the case of Shipway v Broadwood [1899] 1 QB 369, 373). .

The courts shall not make an enforcement order under section 65(1) if section 61(1)(a) (signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner

Moneylending transactions as a class give rise to significant social problems.

Thank you for your swift reply. I think you are right to think the worst and it is just hitting home to me that I have probably lost my money.

Thiey were/are a very well established LA which has been trading in the local area for many years, until recently they were part of the "Team Property" network. I trusted them.

From your list....

(1) I did try to visit their new office a few weeks ago, it was unmanned and I therefore did not actually see "an office". The receptionist from the unit overall (not the LA) informed me that "the personnel only go in every now and then to pick up their post".

I presume from this alone that they are no longer trading. The company moved from a prominant position to within a block within an industrial estate at the beginning of April. I think I will try again tomorrow to visit them (Friday 16th May).

2) I have made my tenant aware of my concerns and I have arranged for the tenant to pay me directly in future. However, am I right in thinking that I no longer have an agreement in place with the tenant? I wouldn't know where to start writing one either.

3) I have not yet filed a claim against them as I was unsure if it would be "more good money after bad". In addition, my tenant has her deposit in a scheme arranged by them, I have no details. I presume it's safe as it is with another company or should this be checked too.

4) I hadn't thought of contacting TS, I have tried ARLA and a couple of other associations (as referred to me by Citizens Advice) but nobody seem to have them as members. How can TS help? I have never as much had a parking ticket before so I am a little daunted by everything (county court/TS/citizens advice etc).

I was waiting for Terminator to comment in this thread as he is our resident expert in matters like this.

As he says it's looking like they are not trading as such and have never filed any accounts with companies house.

First thing has to be to contact your tenants and tell them your concerns, making sure rent is paid directly to you. Next set up new tenancy agreements directly with the tenants, any contract you may have had with hayden has now been breached by them.

Then we can look at trying to get back deposits and your money.

__________________Advice & opinions of Tamadus and the Consumer Credit Support Group are offered from personal experience only. They are offered informally, without prejudice & without liability. Use your own judgment. It is suggested you seek advice from a qualified, insured professional at all times

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I am going to try to visit their office this afternoon (perhaps a little optimistic but worth a go).

Thank you Dragonladay, I wasn't aware I could buy a lease form so I will visit staples tomorrow and then take it to the property for the tenant to sign. I am fortunate that I have a very good tenant. The standing order to the LA has been cancelled and I will in future receive payments directly.

So the only other issue is the deposit which I believe is in a scheme. I will check tomorrow during my visit. I hope it is still there untouched.

I presume my money is long gone and a county court claim I presume is my only option. Do you think its worth persuing?

I will ring Trading Standards as advised, I will let you all know how I get on....

Once again many thanks, I feel much better now I know what I have got to do.
Jay

It wont hurt to make a County Court claim and once on record this can be to your favour should they every try to appkly for a licence to trade.

I do hope the amount you have lost is not substantial, but like everyone, if you use that money for other things even an investment, it is money you have to make up from elsewhere.

If you go to Staples, you can purchase 301 Legal Forms Letters and Agreements. I think it cost around £25.00. i used on of the forms for a loan I made to someone when they purchased my old car and paid it off. it certainly made things more formal.

Well its dissapointing to read that im not the only one who is in this position with Hyden.

Like you all I am currently owed 5 months money. However I did write to Hyden in the middle of April to express my concerns after having various phone conversations with 'Mandy', regarding the non payment of money. After writing to Hyden (which was sent recorded delivery) I had this reply on the 21/4/08 (which shows they were still trading on this date):

' Thankyou for your recent letter. I apologise for the delay in response however I have been in hospital and quite unwell. I will look into your payments immediatley and if unable to pay through via the banking system I will arrange for a cheque to be forwarded for the outstanding amounts without delay' (This is signed by Ashley Rose).

Now my query is if they knew they were in financial difficulty and have just been 'stringing' landlords along in order to hold onto the money themselves, is this a ******** / fraudualent act of deception by individuals of Hyden Lettings?

I think the new F r a u d Act might have some merit KingJimbo. It is apparent they have been using you money for other purposes. perhaps the F R A U D squad might be prompted into investigating this for those of you who have lost money. The tenants also will have lost their money